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Chavez v. Robinson

United States District Court, D. Oregon, Medford Division

April 19, 2018

DANIEL MIKE CHAVEZ, Plaintiff,
v.
DAVID R. ROBINSON; LISA MOORE, Defendants.

          OPINION & ORDER

          Ann Aiken United States District Judge

         This matter comes before the Court on separate Motions to Dismiss filed by Defendant David R. Robinson and Defendant Lisa Moore. ECF Nos. 50, 52. The Court heard oral argument on both motions on April 10, 2018. ECF No. 67. For the reasons set forth below, the motions are GRANTED in part and DENIED in part. The First Amended Complaint, ECF No. 49, shall be dismissed with leave to amend.

         BACKGROUND

         As the parties observed at oral argument, this case has a convoluted history. For the sake of clarity, the Court has divided its summary of the factual and procedural background into separate sections dealing in turn with the underlying state criminal case and then the federal civil rights case.[1]

         I. The State Court Criminal Conviction and Appeal

         A. The Original Indictment, Conviction, and Sentence

         On May 22, 2008, a grand jury issued an indictment against Plaintiff Daniel Mike Chavez in Klamath County Circuit Court Case No. 0800999CR. Halley Decl. Ex. 1. The indictment alleged the following seven counts:

1. Felony Attempted Sexual Abuse in the First Degree against "D.l.d., " committed February 10, 2007. Halley Decl. Ex. 1, at 1.
2. Felony Attempted Sexual Abuse in the First Degree against "K.j.t., " committed February 10, 2007. Id.
3. Felony Attempted Sexual Abuse in the First Degree against "S.f.p., " committed October 1, 2006. Id.
4. Misdemeanor Private Indecency against "K.j.t., " committed on October 1, 2006. Id. at 2.
5. Misdemeanor Private Indecency against "S.f.p., " committed on October 1, 2006. Id.
6. Felony Sexual Abuse in the First Degree against "D.l.d., " committed February 10, 2007. Id. at I.
7. Felony Sexual Abuse in the First Degree against "S.f.p., " committed on October 1, 2007. Id.

         Counts 6 and 7, both alleging Felony Sexual Abuse in the First Degree, were subsequently dismissed. Halley Decl. Ex. 1, at 1.

         On March 20, 2009, a jury convicted Chavez of Counts 1, 3, 4, and 5, but acquitted Chavez on Count 2. Halley Decl. Ex. 2. On April 28, 2009, Chavez was sentenced to sixty months of probation for Count 1, eighteen months in prison for Count 3, with sixty months of post-prison supervision, and thirty days in jail for Counts 4 and 5. Halley Decl. Ex. 3. Chavez was also required to register as a sex offender. As part of his probationary sentence for Count 1, Chavez was ordered to:

Submit to and pay for evaluation by an approved sex offender program. If deemed eligible, defendant shall enter, participate in, successfully complete and pay for such treatment at the direction of the probation officer. The sex offender program, and the terms of the program, are to be designated by defendant's probation officer.

Halley Decl. Ex. 3, at 2.

         The post-prison supervision imposed on Count 3 had a similar requirement. ORS 144.102(4)(b) requires the parole board or supervisory authority to impose certain special ...


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